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security for costs

A sum payable by a plaintiff to a civil action as a condition of being permitted to continue with the action. The court has discretion whether or not to order security for costs and may exercise it only in four circumstances: (1) when the plaintiff is ordinarily resident out of the area of the jurisdiction; (2) when the plaintiff is suing on behalf of someone who will be unable to pay the defendant’s costs if ordered to do so; (3) when the plaintiff’s address is dishonestly not stated or incorrectly stated on the writ or originating process; or (4) the plaintiff has changed his address during the course of the proceedings in order to evade the consequences of the litigation. A defendant may not be ordered to give security for costs. When security is ordered the plaintiff is usually ordered to pay a sum into court.

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